Contract -- Execution of Power Project Agreement - Challenge as to - Judicial commission of inquiry - Allegations as regards to corruption, bribery, fraud and misrepresentation in awarding contract - Foreign company which was involved has abandoned the project - Project is virtually working at half capacity and rate of production of electricity is so high that project has..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitration Clause - Unstamped Agreement - One reasonable way of harmonising provisions contained in Ss.33 & 34 of Maharashtra Stamp Act which is a general statute insofar as it relates to safeguarding revenue and S.11(13) of the Act which applies specifically to speedy resolution of disputes by appointment of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
Indian Penal Code, 1860, Section 379A, 365, 411, 341 - - Quashing of FIR - Offence u/ss 379-A, 365, 411, 341 - Repossession of hypothecated car on interim order from arbitrator - No illegal act has been done by petitioners as they after obtaining legal interim order from arbitrator, pursuant to terms and conditions of the loan agreement took possession of hypothecated car..........
Agreement to sell -- Subsequent purchaser - Agreement to sell registered - It is thus, presumed in law that subsequent purchasers had a notice of earlier contract and thus, they are not bona fide purchasers of property...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform his part of contract as per findings of trial Court - Overwhelming evidence to substantiate this fact is on record, more particularly notice given by plaintiff to defendant expressing that he is ready and willing to come forward for execution of sale deed -..........
Agreement to sell -- Suit for specific performance - Subsequent sale - Suit can be instituted within the period of three years from cause of action arose between parties - Defendant executed sale deed in favour of subsequent purchasers within three years of period of limitation - It was mandatory for defendant to wait complete for three years after last date of executing..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - All the four PWs of extra judicial confession are at a wide variance with each other - Further contradictions between two police officers who themselves are not in agreement with each other as to where they have seen accused standing holding axe - Accused cannot be..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Work contract between parties - Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing complainant to enter into work contract - Dispute between parties is of civil in nature and as per arbitration clause in agreement, complainant can very well approach arbitrator..........
Consumer Protection Act, 1986, Section 23, 2(r) -- Apartment Buyer's agreement - Contractual terms of agreement ex-facie one sided, unfair and unreasonable - Builder cannot seek to bind purchaser with such one sided contractual terms...........
